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Structure Of Defended Claims And Glossary Notes

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The structure of defended claims

Acknowledgment of service within 14 days followed by defence within 28 days of service of particulars of claim

Potential claimant consults solicitor (decision on viability of case, funding etc)
Or defence 14 days after service of particulars of claim

Pre action protocol (investigation & negotiation)

Issue of claim form
Service of claim form with particulars of claim or particulars of claim served 14 days after claim

Proposed allocation to one of three tracks - directions questionnaires

Small claim standard directions

Multi-track

Fast track standard directions

Costs management and tailored directions based on model +/- CCMC
Compliance with directions on disclosure, exchange of witness statements and experts' reports, date for pre-trial checklists, etc.

Completion of pre-trial checklists Trial, Judgment and decision on costs

Appeal

Glossary

After the event insurance (AEI)
An insurance policy taken out after the matters ('the event') which are the subject of the claim have arisen to provide cover for the party's own disbursements and any liability for the other side's costs should he lose his claim. This is often purchased when entering into a CFA (see below) in respect of costs not covered by the CFA.
Allocation
The assignment by the court of a claim to the appropriate track; small claims, fast track or multi-track,
depending largely upon the value of the claim.
Alternative Dispute Resolution (ADR)
A collective description of methods of resolving disputes other than through the normal trial process and involving an independent third party. Arbitration, mediation, expert determination and judicial appraisal are all types of ADR.
Application notice
Form (N244) in which a party makes an interim application to the court, stating the order sought and why.
Before the event insurance (BEI)
Also known as legal expenses insurance. This provides the policy holder with an indemnity (up to the financial limit specified) for his legal fees if he becomes involved in litigation.
Case Management Conference (CMC)
A hearing at which the court will review the parties' preparation of the case and give directions for its future conduct.
Civil Procedure Rules 1998 (CPR)
The procedural code governing civil litigation, with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.
Claimant
The party who makes the claim.
Claim Form
The document completed by the Claimant to start legal proceedings. Proceedings are commenced on the date the court issues the Claim Form by sealing it with the court seal.
Claim Notification Form (CNF)
The form completed by the Claimant and sent to the Defendant/its insurer at the beginning of Stage 1 of the pre-action protocols for low value personal injury claims in road traffic accidents and employers' liability and public liability claims.
Conditional Fee Agreement (CFA)
Agreement between solicitor and client under which the solicitor receives no, or less than normal,
payment if the case is lost but higher than normal payment (the success fee) if the case is won.
Commonly known as a 'no win no fee agreement' and often used to fund personal injury claims.
Contingency fees
A sum payable only if the client succeeds in a claim. This is usually expressed as a percentage of the money recovered. CFAs and DBAs are forms of contingency fees.
Costs between the parties
Costs that may be awarded between the parties in litigation. The losing party will normally have to pay their opponent's costs. The amount will either be agreed between the parties or assessed by the court.

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